Disputes over children can get unnecessarily combative. The relational dysfunction that ends relationships does not disappear when a marriage ends. Former spouses can continue to battle over alimony, child support, and the children themselves. While child custody orders help provide some stability and certainty for parents and children, there are times when parents do not abide by these orders. One such time is when a custodial parent deprives the noncustodial parent of their court-ordered child visits.
Deprivation of Visitation
If you are being deprived of your court-ordered right to visit your children, you need to contact a lawyer. You have legal rights to bring the matter before the court to enforce your visitation rights. It is important to bring any documentation to your attorney to support your claim, including your child custody order, the date of every visit you were deprived, and any emails or text message exchanges that demonstrate that you have unsuccessfully attempted to exercise your visitation.
Courts understand that visitation is critical to the continued parent-child bond. They take the deprivation of visitation rights seriously. If a court hears your evidence and determines you have been “wrongfully deprived” of visitation rights by the custodial parent, then a court can enter an order that provides you with additional visits to “compensate” you for the visits you were deprived. These additional visits can be taken at a time chosen by the deprived parent, must be of the same type and duration that was missed, and must be taken within a year.
Consequences of Failing to Comply with Order
When a court has ordered additional visits to a noncustodial parent, and a custodial parent fails to comply with this order, the penalties are harsh. These include being found guilty of contempt, which can come with a sentence of imprisonment in county jail. And while in jail, the court may create a condition where a parent may go to work then return to jail every day. Failure to abide by these terms can result in a custodial parent serving their full sentence without the privilege of temporary release for work.
Family Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.
Your visitation rights with your child matter. If you have been deprived of your visitation rights, do not allow it to continue and do not take matters into your own hands. Talk to a family lawyer. At Viloria, Oliphant, Oster & Aman, L.L.P., our lawyers have a track record of excellence and will fight for your rights. Let us fight for your custodial rights. Contact Viloria, Oliphant, Oster & Aman L.L.P. at (775) 210-8178 to schedule a consultation or contact our office through our website.